opinion

Bush Whacked? 2

In part one, we began our look at the Bush administration's impact on adult. In this conclusion, we'll examine the Red Rose case and what the future may hold.

Red Rose Case
Another case that worries civil libertarians in the Bush era is the Red Rose Stories case. In 2005, the FBI raided the office of Karen Fletcher, aka Rosie, whose Red Rose website contained fictional stories that allegedly dealt with extreme topics ranging from pedophilia to bestiality, urination, scat and severe torture.

In September, Fletcher (also a Walters client) was indicted for obscenity by Mary Beth Buchanan (the same federal prosecutor who brought obscenity charges against Extreme Associates in 2003). The thing that separates Fletcher from other prosecutorial targets is the fact that her site was devoid of pictures; it was strictly a textual, fiction-oriented site, and 1st Amendment attorneys were surprised to see the federal government going after pure text, an area that, for many years, had not been prosecuted for obscenity.

Douglas considers the Red Rose indictment to be especially disturbing.

"The recent prosecution of Karen Fletcher and the Red Rose website is a grave departure from 70 years of prosecutorial precedent," Douglas said. "Pure prose without photographs was last seriously and consistently prosecuted in the 1920s."

Douglas, who heads the Free Speech Coalition's board of directors, added: "It is clearly consistent with much of the policy approach of this administration that the Department of Justice defines progress as returning to the 1920s. The prosecution of Fletcher is a very grim development."

DeWitt, who has been representing clients in the adult industry since 1980, asserted: "I think they're going to have problems with the jury in the Red Rose case. Except for the nut-cases, which is how I categorize the extremely right-wing Christians, Americans consider the written word sacrosanct. As much as they may dislike what is written, there is a tremendous respect for the written word. I think the 12 people in the jury box are going to say to the government: 'No, you can't criminalize the written word. In my country, we don't put people in jail for writing literary fiction.'"

DeWitt went on to say that as much influence as the Christian Right has on the Bush administration, it is important to remember that the Christian Right actually is a small minority, and the election data from 2004, he stressed, bears that out.

"Something like 22 or 23 percent of the people who voted for Bush in 2004 said the reason they voted for him was moral values, which is a code word for very right-wing Christianity," DeWitt said. "Bush got half of the vote; so basically, around 11 percent of the population is running the country, and the number of people consuming porn in the U.S. is much larger than the number of people who are extremely right-wing Christians."

Piccionelli fears that the Bush administration's worst attacks on the adult industry may be yet to come. If federal prosecutors cannot use obscenity laws to prosecute vanilla adult material, they have another weapon in their arsenal: 2257 age-verification laws. Piccionelli predicted that in 2007 and 2008, the Bush administration's overall game plan will be to go after vanilla erotica for 2257 violations and non-vanilla erotica for both obscenity charges and possible 2257 violations.

"The likelihood that mainstream adult material — and by mainstream, I mean Vivid, Wicked, Digital Playground, Adam & Eve, that kind of stuff — is going to be found obscene anywhere in the U.S. these days is pretty low," Piccionelli said. "But my concern is that the more mainstream your material is, the more 2257 becomes the potential avenue of attack on your company. 2257 is the government's WMD; it is their weapon of mass destruction on the adult industry. Obscenity just has too many defenses, whereas 2257 is real cut and dried; if you don't have the ID, you're in violation."

Piccionelli continued: "If the Religious Right wants people taken down, there are one of two possibilities for the Bush administration. One is you go after the really extreme material for obscenity prosecution — material that may not be within the contemporary standards of a particular community. And the other possibility is going after mainstream adult material and including in the indictments several very difficult to defend 2257 counts. That puts the defendant's back against the wall. The defendant can say, 'It's clear that my material is within the standards of this community; so your obscenity counts are just nonsense.' But the prosecutor can say, 'Yes, but you were missing this ID and that ID, and those are five years apiece.

"Any way you look it, you're still facing 25 years in prison; so instead of forcing us to prosecute you, why don't you just take a plea and admit that your material is obscene? We'll let you off with a huge fine and maybe six months in jail.' That way, the Bush administration could tell the Religious Right: 'We got this company and that company to admit that their material was obscene.' It would be red meat for the Religious Right."

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More Articles

trends

Meet the New Class of Pleasure Purveyors Making Waves

The sexual wellness industry has always evolved in response to cultural shifts, but the current wave of up-and-coming pleasure brands signals something deeper than trend cycles or aesthetic refreshes. These founders aren’t just launching new products; they are reframing what intimacy means, who it is for and how it fits into everyday life. Across supplements, toys, aftercare and even divination decks, a new generation of brands is closing long-ignored gaps — between pleasure and wellness, fantasy and function, science and sensuality, individuality and shared experience.

Ariana Rodriguez ·
opinion

How to Convert Fans Through Scarcity and Exclusivity

Nothing sparks fans’ ongoing desire in the long term like making them feel personally prioritized. It gives them a sense of belonging and sparks a level of loyalty that goes far beyond just loving your work. Forging that degree of connection, however, requires knowing how to employ two key tactics: scarcity and exclusivity.

Sara Stars ·
profile

Viben's Kara Liburd on Building a Fulfilling Career in the Industry

“We work in an industry where trust, follow-through and service matter just as much as product quality,” declares Viben sales exec Kara Liburd. “Retailers today want analytics, marketing assets and deeper product knowledge, and brands are stepping up to provide that support.”

Colleen Godin ·
opinion

How to Reinvest Back Into Your Creator Business

Early in their careers, most creators necessarily focus on survival. Money goes toward basic expenses, equipment upgrades and keeping content flowing. Once income becomes more consistent, however, it’s time to begin thinking about growth and sustainability. How can you build something that lasts beyond the next release or trend?

Megan Stokes ·
profile

WoodRocket Delivers Classic Adult Fun With a Quirky, Modern Twist

What does it take to stand out in the industry these days? How about a “Live, Laugh, Cum” keychain?

Colleen Godin ·
profile

Efren Méndez Leads LoveStore Mexico With a Community-First Approach

Fifteen years ago, Efren Méndez and a friend walked into a sex shop. They were looking for nothing more than a few items for a party. Instead, the moment altered the direction of his career, and ultimately his life.

Jackie Backman ·
opinion

Guiding Shoppers With Clear Pleasure Education

One of the most valuable skills in pleasure retail isn’t persuasion — it’s translation. Customers often arrive curious but cautious, unsure of terminology, functions or even what questions to ask. The goal isn’t to overwhelm them with specs or explicit details, but to describe product features in a way that feels approachable, relatable and easy to imagine.

Sara Gaffoor ·
profile

Stripchat's Jessica on Building Creator Success, One Step at a Time

At most industry events, the spotlight naturally falls on the creators whose personalities light up screens and social feeds. Behind the booths, parties and perfectly timed photo ops, however, there is someone else shaping the experience.

Jackie Backman ·
opinion

High-ROI Marketing Tactics for Online Retail

In adult ecommerce, the marketing landscape never stops shifting. What succeeded brilliantly in March may seem outdated by September. When you look at the bigger picture, however patterns emerge: clear, repeatable paths to strong ROI that remain consistent even as algorithms, platforms and buyer behavior keep changing.

Hail Groo ·
opinion

Inside the OCC's Debanking Review and Its Impact on the Adult Industry

For years, adult performers, creators, producers and adjacent businesses have routinely had their access to basic financial services curtailed — not because they are inherently higher-risk customers, but because a whole category of lawful work has long been treated as unacceptable.

Corey Silverstein ·
Show More